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U.S. v. Brown, No. 95-5293 (11th Cir.) (183 F.3d 1306) (August 13, 1999) (Judge Frank May Hull)

Here the Court held that a dismissal, even with prejudice, of a drug conspiracy indictment due to violations of the Speedy Trial Act did not preclude the Government from filing a second indictment, based on the same facts, but using a different crime.

The Court stated: "Even though Counts II ...

 

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